12/20/2023 – 14:42
The complementary bill that aims to give States autonomy to legislate on firearms was approved this Wednesday, 20th, by the Public Security Committee of the Chamber of Deputies. The measure, proposed by Bolsonaro congresswoman Caroline de Toni (PL-SC), attempts to remove the power from the Lula government to issue acts restricting access to weapons.
Currently, the competence to issue laws and regulations on weapons and ammunition lies with the Union. The project allows States and the Federal District to legislate “differently on the possession and carrying of firearms”. The rapporteur argues that “the different realities in the various states require specific analyses”.
The purposes, according to the text, can be personal defense, sports and control of invasive exotic species. To do this, it would be necessary to prove a “cultural and traditionalist component” in the use of weapons, according to the Santa Catarina deputy’s text.
The approved proposal also provides for the creation of a weapons control system integrated with the National Public Security Information System (Sinesp), which is maintained by the Ministry of Justice and centralizes national information on firearms.
According to the proposal, the rules established in a State would only be valid within its territory and the citizen would need to prove residence to take advantage of them.
This Monday, the 18th, the Attorney General's Office (AGU) requested the suspension of 10 municipal and state laws, approved between 2018 and 2023, which facilitate the population's access to firearms. The actions were filed with the Federal Supreme Court (STF). The AGU's understanding is that the laws are unconstitutional, since it is up to the National Congress to legislate on the use of weapons, and not the states and municipalities.
The Santa Catarina deputy's proposal, if approved and sanctioned, would provide support for these laws to become constitutional.
The clash between government and opposition over the issue of weapons was constant during the first year of Lula's mandate. Since January, acts by the president have been restricting access to firearms, which was made more flexible during the government of Jair Bolsonaro (PL).
The president suspended grants for new registrations to clubs, shooting schools and collectors, shooters and hunters (CACs), in addition to limiting the acquisition of weapons and ammunition for permitted use, and requiring the re-registration of weapons acquired after May 2019.
More recently, the government even banned the use of semi-automatic rifles for personal defense, making all semi-automatic long weapons restricted to security forces and some types of CACs.
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